Written by E. C MPI, Esq.
The Federal Government among others is accusing the CJN of refusal to declare his assets in breach of the provision of the Code of Conduct Bureau Act.
The CJN is also being accused of maintaining Domiciliary foreign currencies account which comprised Dollars Account, Pound Sterling Account and Euro Account which are alleged to be contrary to relevant laws, especially for public office holders.
ARDI petitioned the Code of Conduct Bureau (CCB), listing a number of allegations against Justice Onnoghen wherein the CCB prefered a charge against the CJN in the CCT.
It must be noted, that there is only one way a complaint or petition can be made against the CJN, even if it involves an allegation of crime.
The only legal and lawful way includes the following;
1. To write a complaint against the CJN or any other judival officer addressed to the NJC and not the CCB
2.The judicial officer in question will be notified in writing and given time to react to the allegation.
3.If the allegations is proved, the NJC may suspend him or recommend his removal to the President/ Governor.
There is a code of conduct for judicial officers that regulates the affairs of judicial officers which ensures that they carry out justice effectively and uphold the rule of law.
A judicial officer, especially the Chief Justice of Nigeria can be removed from office before retirement age, however there are laid down rules and procedures for that to be carried out and that must be in accordance with the Constitution of Federal Republic Of Nigeria. Removing a serving CJN is almost the same procedure as appointing him.
S. 292 of the 1999 Constitution as amended provides for the procedure for removing the Chief Justice of Nigeria.
292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –
(a) in the case of – (i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, the President of the National Industrial Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the NATIONAL JUCIAL COUNCIL that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the CODE OF CONDUCT.
The charge preferred against the CJN is on failure to disclose assets and the Buhari led administration is saying that no one is above the law and that he should be tried in CCT.
It is pertinent to note that the the National Judicial council have the power to look into matters arrising out OF any breach, contravention of code of conduct emanating from judicial officers, even on allegation of crime.
There are three basic grounds for removing the CJN or any other judicial officers and they include the following;
1. Misconduct
2. Contravention of code of conduct for judicial officers.
3. Inability to perform his functions properly Whilst in office.
Rule 1 of the Code of Conduct for Judicial Officers provides thus:
“A Judicial Officer should avoid impropriety and the appearance of impropriety in all his activities.
1. A Judicial Officer should respect and comply with the LAWS OF THE LAND and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the Judiciary”.
Where there is any allegation of any contravention of any law by the CJN, such an allegation MUST be directed to the NJC.
If the NJC is satisfied that the CJN, is involved in any contravention of any law, he can be tried for such a criminal offence subsequently AFTER HIS REMOVAL in a competent court or tribunal but not whilst still in office. That is only when the CCT can assume jurisdiction.
(NGANJIWA VS FRN 2017 LPELR 43391 (CA)
See also the case of ELELU HABEEB V NATIONAL JUDICIAL COUNCIL (2012) 13 NWLR (PT. 1318) 423.
In conclusion, the trial of the CJN at the CCT without the investigation, hearing and recommendation of the the National Judicial council is ultra vires, uncounstitutional, abuse of power by the Federal Government, therefore null and void.
Ace Juris 